Legal Opinion

American Oak Leather Co. v. Union Bank

Utah Supreme Court

Decided June 15, 1893PublishedCited by 6 opinions

Appeal from a judgment of the district court of the first district and from an order refusing a new trial, Hon. James A. Miner, judge. The opinion states the facts. As to the accounts the instrument referred to in the ■findings was an absolute transfer, because the accounts were dioses in action, but as to the remaining personal property it was a chattel -'mortgage. The effect of the instrument is to be determined by the laws of Michigan.

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Appeal from a judgment of the district court of the first district and from an order refusing a new trial, Hon. James A. Miner, judge. The opinion states the facts. As to the accounts the instrument referred to in the ■findings was an absolute transfer, because the accounts were dioses in action, but as to the remaining personal property it was a chattel -'mortgage. The effect of the instrument is to be determined by the laws of Michigan. Culver v. Benedict, 79 Mass. 7; Railway Go. v. Glenn, 28 Md. 287; Guillander v. Howell, 35 N. Y. 657; Moore v. Willet, 35 Barb. 663; Bacon v. Horn, (Penn.)…

1Opinion of the Court

SMITH, J.:

This was an action by the plaintiff against defendant to recover $513.70 on an account stated. An attachment was issued, and money due defendant from F. Platt & Co. was attached. Defendant made default. The appellants intervened without objection, and claimed the money due from Platt & Co., claiming that it had been assigned to them before the service of the attachment. Plaintiff answered, and denied the claims of the interveners. On the issue thus made up between plaintiff and the interveners a trial was had before the court. ,A jury being waived, findings of fact and conclusions…

2Cases cited4 opinions

  1. Shumway v. LeakeyCalifornia Supreme Court · 1885
  2. Marsters v. LashCalifornia Supreme Court · 1882
  3. Brown v. San Francisco Gas Light Co.California Supreme Court · 1881
  4. Rudy v. Rio Grande Western Railway Co.Utah Supreme Court · 1892

3Cited by6 opinions

  1. Grow v. Oregon Short Line Ry. Co.Utah Supreme Court · 1913
  2. Stanford v. GrayUtah Supreme Court · 1912
  3. Dignan v. NelsonUtah Supreme Court · 1903
  4. Dickson v. MullingsUtah Supreme Court · 1925
  5. In re Campbell's EstateUtah Supreme Court · 1918

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